Mercedes Arcia - Page 10

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          the issue concerns dominion and control.  Respondent  posits that            
          because petitioners had dominion and control over all of the                 
          forfeited funds, which were originally earned through an apparent            
          illegal activity, the proceeds represent taxable income to                   
          petitioners.                                                                 
               The mere receipt and possession of money does not by itself             
          constitute gross income.  See, e.g., Liddy v. Commissioner, T.C.             
          Memo. 1985-107, affd. 808 F.2d 312 (4th Cir. 1986).  Gross income,           
          as used in section 61(a), means the accrual of some gain, profit,            
          or benefit to the taxpayer.  In this regard, the Supreme Court               
          explained that a "gain `constitutes taxable income when its                  
          recipient has such control over it that, as a practical matter, he           
          derives readily realizable economic value from it.'"  James v.               
          United States, 366 U.S. 213, 219 (1961)(quoting Rutkin v. United             
          States, 343 U.S. 130, 137 (1952)). In determining what constitutes           
          gross income, mere dominion and control over money and property, as          
          may be exercised by a debtor or trustee, is not necessarily                  
          decisive.  Rather, all relevant facts and circumstances must be              
          considered.  Liddy v. Commissioner, supra.  A taxpayer has dominion          
          and control over cash when he or she has the freedom to use it at            
          will, even though that freedom may be assailable by persons with             
          better title.  Rutkin v. United States, supra.  For instance, the            
          use of money for personal purposes is an indication of dominion and          
          control.  Woods v. Commissioner, T.C. Memo. 1989-611, affd. per              





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